Centre for Policy Alternatives on 11 August, 2017

150 Years Later: the story of tea

11 August 2017, Colombo, Sri Lanka: In 2017, we celebrate 150 years of tea production in Sri Lanka. To mark this anniversary, several events and activities have been planned throughout the year in Sri Lanka and internationally, including a Global Tea Party, International Tea Convention and a charity auction organised by a variety of stakeholders such as the Ceylon Tea Traders Association, Sri Lanka Tea Board, Tourist Board and tea companies.

While there is much reported in the media around these events, the anniversary celebrations and the future of Ceylon tea, there is little to no mention whatsoever of the tea plantation workers without whose contribution the industry would not exist.

There has been a lot of research and advocacy for decades on the rights of tea plantation workers, life conditions, wages and hardships faced by the workers and their families. In comparison to other parts of Sri Lanka, poverty, nutrition, maternal and children’s health statistics of plantation communities are poorer and further exacerbated by issues related to inadequate housing, alcoholism, gender based violence and unemployment especially among youth. Opinion polls conducted by the Centre for Policy Alternatives show that the community is badly impacted by the economy, have made serious cut backs in the household expenditure and feel little sense of empowerment as citizens of the country.

Groundviews, Vikalpa and Maatram have previously created new media stories, in all three languages across their respective platforms, that highlight the hardships faced by the tea plantation workers.

With the objective of creating more visibility and awareness and to ensure that key narratives do not remain invisible during this significant anniversary, CPA’s civic media output over four weeks will be anchored to key issues facing the tea plantation workers to coincide with the 150-year anniversary celebrations in order to take advantage of the momentum gathered by the celebrations. As Sri Lanka strategises the future of the tea industry, it is critical that the official discussions and reflections seriously consider issues faced by the workers who sustain the industry. The output will focus on the change (or lack thereof) in the lives of the workers 150 years since the start the industry, including a plethora of issues faced by them and their families, challenges for the future, areas for reform and strengthening rights. Content will be in all three languages, through short-form video, photography, long-form journalism and other interactive media.

Download this statement here.

Centre for Policy Alternatives on 4 August, 2017

CPA Calls for the Resignation of Minister Ravi Karunanayake

August 04th 2017, Colombo, Sri Lanka: The Centre for Policy Alternatives (CPA) has followed recent media reports of the proceedings of the Commission of Inquiry to investigate the issuance of Treasury Bonds with increasing concern. The reported allegations of financial misconduct and conflicts of interest are extremely serious and their political consequences graver. Whatever the outcome of the Commission’s proceedings., the allegations are of sufficient gravity to require the immediate resignation of Ravi Karunanayake MP, the Minister of Foreign Affairs.

The media reports of the on-going hearings of the Commission of Inquiry to investigate and inquire into the issuance of Treasury Bonds during the period of 1st February 2015 to 31st March 2016, (CoI), reveal that Mr Karunanayake is implicated in financial transactions with Mr Arjun Aloysius, a central figure in the high-profile and questionable issuance of bonds by the Central Bank. Witness testimony to the CoI states that a luxury apartment in Colombo was taken on lease by Mr. Aloysius and/or his representatives, and paid for on behalf of Karunanayake, who was then Minister of Finance, and his family. In recorded testimony given to the CoI on 2nd August 2017, Minister Karunanayake noted that it was his wife and daughter who found and procured this apartment and that he personally “knew nothing” about how the apartment he and his family resided in for nine months was paid for and procured.

Without prejudice to the proceedings of the CoI, CPA finds the Minister’s testimony not only entirely implausible, but also deeply damaging to the credibility and reputation of the institutions of government. This is especially so for a government elected on a platform of good governance and anti-corruption. We firmly believe that this is a view shared by the majority of our fellow citizens, who are dismayed by the persistence of corruption and the current government’s woefully inadequate measures to address it.

CPA wishes to remind the government of its central promise to eradicate corruption at all levels of government and to hold to account anyone who is complicit without fear or favour. We call upon Minister Karunanayake to take the principled step of resigning from ministerial office forthwith, and to cooperate fully with on-going and any future investigations. We believe this is an essential prerequisite for restoring public confidence in the government’s commitment to its mandate, and we reiterate that the failure to do so will seriously impede the realisation of every other aspect of the government’s reform agenda.

Given the hope and expectation raised in 2015 regarding the restoration of good governance and the rule of law, the failure of Minister Karunanayake to resign, and the failure of the government to ensure his resignation, will risk unfavourable comparison with its predecessors. More critically, it will erode the credibility of our public institutions and processes in the eyes of citizens, and fatally undermine broader reforms.

Dr Paikiasothy Saravanamuttu
Executive Director

 

Download the release in English.

Centre for Policy Alternatives on 4 August, 2017

CPA extended their hand to school children in the Matara district affected by the recent floods

Although the mandate of the Centre for Policy Alternatives(CPA) has been research and advocacy, when the need has arisen CPA has contributed towards humanitarian relief. The distribution of essential educational equipment for   children affected by the recent floods is one such example. The initiative was taken by the staff of CPA and its election monitoring arm the Centre For Monitoring Election Violence (CMEV).
The equipment was officially handed over to Mr. Senaka Palliyaguru, the Matara Municipal Council Commissioner who rendered a immense service to the general public during the said disaster situation, by the Executive Director of CPA  and Co-Convenor of CMEV, Dr. P. Saravanamuttu.​
Centre for Policy Alternatives on 24 July, 2017

Press Release: Importance of Adhering to the Constitutional and Legal Framework in the Establishment and Operationalizing of the Office on Missing Persons (OMP)

 

24th July 2017, Colombo, Sri Lanka: The Centre for Policy Alternatives (CPA) is deeply concerned by the failure of President Maithripala Sirisena to adhere to the provisions of the Constitution in allocating subjects and functions to Ministers, particularly in relation to the Office on Missing Persons (OMP). On 19th July 2017 President Sirisena issued Gazette (extraordinary) 2028/45 assigning the Office on Missing Persons (Establishment, Administration And Discharge Of Functions) Act No 14 of 2016 [Office on Missing Persons Act], to the Minister of National Integration & Reconciliation. By doing so the President has raised a matter of great constitutional significance, which had been looming for almost two years.

CPA draws attention to the constitutional framework provided by the 19th Amendment to the Constitution enacted on 28th April 2015. Prior to the 19th Amendment the President could assign to himself any subject or function not assigned to any other Cabinet Minister. This provision was repealed by the 19th Amendment. However a special exception was made for the person holding office as President on the date of commencement of the 19th Amendment.

After the General Election of August 2015, the President in terms of Article 43 (2) of the Constitution issued two Gazettes appointing Members of Parliament in charge of Ministries. Thereafter in terms of Article 43 (1) of the Constitution, the President issued Gazette (extraordinary) 1933/13 dated 21st September 2015 which, assigned subjects and functions to the previously allocated Ministries.

Furthermore this gazette of (1933/13 dated 21 September 2015);

  • Established a “Ministry of National Integration & Reconciliation” which had not been allocated to any Member of Parliament. The gazette also did not specify any laws that were to be implemented by this Ministry.
  • Allocated to the President all subjects and functions and Departments, Public Corporations & Statutory Institutions that are not specifically assigned to any other Minister.

However the President does not have the power to assign to himself any subjects and functions outside those specified in section 51 of the 19th Amendment. As such the parts of Gazette (extraordinary) 1933/13 dated 21st September 2015, which assigned to the President powers as the Minister of National Integration & Reconciliation are unconstitutional.

This would have been only a matter of academic importance so long as the President did not give to himself any powers qua Minister of National Integration & Reconciliation. However, with Gazette (extraordinary) 2028/45 assigning the OMP to the Minister of National Integration & Reconciliation, serious concerns are raised regarding the constitutionality of such measures. In terms of operationalizing the OMP, the Minister must issue a gazette in terms of Section 1(2) of the Office on Missing Persons Act. When issuing this gazette, the President will be acting qua Minister of National Integration & Reconciliation. CPA is of the belief that the President issuing such a gazette qua Minister of National Integration & Reconciliation would raise questions of constitutional importance and uncertainty regarding the validity of the OMP so constituted.

Swift measures are needed to address what seems on the face of it an oversight but may if not corrected demonstrate a lack of regard to the Constitution of Sri Lanka. CPA urges the President and the government to take immediate steps to adhere to the relevant constitutional provisions and assign the Ministry of National Integration & Reconciliation to a Minister other than the President or assign the Office On Missing Persons Act to a different Ministry. CPA believes that the failure to do so would be a violation of the Constitution and negate the positive steps taken by the government to enact the Office on Missing Persons Act. Soon after this, the Minister in question must issue a gazette as provided in the Office on Missing Persons Act, making the Act operational. Subsequent to this, CPA urges the Constitutional Council to publicly call for nominations to the OMP and to ensure that those recommended to the President have the expertise, skill and diversity needed for the effective functioning of the OMP as well as importantly, the trust of victims, affected communities and civil society. CPA reiterates its earlier calls for timely action and the need to establish the first independent mechanism to address the grievances of thousands of citizens of Sri Lanka.

Download the release in English, Sinhala and Tamil.

Centre for Policy Alternatives on 13 July, 2017

University-level discussions status of the constitution-making exercise

A discussion on the current status of the Constitution-making exercise in Sri Lanka was held on the July 6th at the Wayamba University and on 12th of July at the Sripada National College of Education, Patana. The content of the six subcommittee reports on Constitution making, as well as the importance of a new Constitution for Sri Lanka, and how to accelerate the process were topics that were discussed at the event. Lionel Guruge; Senior Researcher of the Centre for Policy Alternatives, as well as Attorney-at-Law S.G. Punchihewa moderated the discussion.

These discussions were carried out in partnership with Friedrich Naumann Foundation.

The event at Wayamba University was organized by Dr. Kelum Wijenayake.

The event at Sripada National College of Education was organized by the President of the college, Ramany Abeynayaka.

 

Centre for Policy Alternatives on 3 July, 2017

CMEV seminar on the regulation of campaign finances and the declaration of assets & liabilities in elections

Formulating laws and introducing a mechanism for regulating campaign finances is a significant sectors in the current electoral system in Sri Lanka. A series of discussions with the view to accomplishing this endeavour was held recently as an initiative of Centre for Monitoring Election Violence and International Idea in order to create awareness in the stakeholders to the electoral process. Further discussions were held in collaboration with Transparency International as well.

The distinct element of this series was that twelve districts were involved in those deliberations. Subsequently, with the involvement of selected number of participants from the said consultative discussion series along with the institutions and entities who are directly accountable for the process of regulating campaign finances – Election Commission of Sri Lanka, Commission to Investigate Allegations of Bribery or Corruption and Inland Revenue Department – another discussion was held in Colombo at the Janaki Hotel.

A large number of participants took part in the discussion which was held on the 27th of June. All the participants unanimously agreed on the need for taking the necessary steps to formulate a legal framework that enables the regulation of campaign finances, prior to the election that is to be held in the year 2020 or any other national level election that is to be held in the future.

Among the dignitaries who addressed the gathering were Nimal G.Punchihewa, Director (Legal), Election Commission of Sri Lanka; Dr. P. Saravanamuttu, Executive Director, CPA and Co- convener of CMEV; Asoka Obeysekara, Executive Director, Transparency International Sri Lanka and Manjula Gajanayake, National Coordinator, CMEV.

Meanwhile, chamber deliberations were also held in tandem. These were attended by Dr Wickramabahu Karunarathne, Leader , Nawa Sama Samaja party; Sirithunga Jayasuriya, Leader, New Socialist Alliance; Gamini Nawarathne, Former Senior Deputy Inspector General of Police (Admin & Election); Nimal G Punchihewa, Director, (Legal) Election Commission of Sri Lanka; Rohana Hettiarachchi, Executive Director of Paffrel; Sankitha Gunarathne, Manager, (RTI) TISL; Manjula Gajanayake, National Coordinator of CMEV. The discussion was moderated by Sashee De Mel, Senior Programme Manager, Transparency International Sri Lanka.

Centre for Policy Alternatives on 27 June, 2017

Basic Guide to the International Convention for the Protection of All Persons from Enforced Disappearance

The issue of enforced disappearances has impacted Sri Lankan’s across the ethnic divide for decades. The use of enforced disappearances during the “youth insurrections” of the 1970’s and 80’s and during the protracted armed conflict by both state and non-state actors is well documented. Despite several commissions of inquiry appointed by successive governments to investigate these incidents, the fate of thousands remains unknown. Several such commissions of inquiry have recommended legal reforms to address the issue of enforced or involuntary disappearances and to eliminate this phenomenon in the future. An overwhelming majority of these detailed recommendations remained unimplemented for decades. “….In order to address this issue comprehensively and to eliminate this phenomenon in the future as well as to fill an existing lacuna, the Commission strongly recommends that domestic legislation be framed to specifically criminalize enforced or involuntary disappearances.”- Report of the Commission OF Inquiry On Lessons Learnt And Reconciliation, 2011, 5.46

Sri Lanka signed the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED) in December 2015 and ratified it in May 2016. In order to give legal validity to the ICPPED in Sri Lanka, the Government of Sri Lanka introduced the International Convention for the Protection of All Persons from Enforced Disappearance Bill (Bill) which was gazetted on the 09th of February 2017 and subsequently tabled in Parliament.

CPA produces this basic guide to raise awareness on the proposed legislation. The next phase of the law-making process entails that the Bill is open to amendment at the committee stage debate. This basic guide is meant to inform those involved in the process and other stakeholders as to what is presently proposed. Subsequent to enactment, CPA will update this guide to ensure that stakeholders are aware of the new legislation.

Download the guide in English, Sinhala and Tamil.